Nicolette Sheridan's wrongful termination case against ABC and Desperate Housewives creator Marc Cherry has been ruled a mistrial.

The case had been ongoing for two weeks and on Friday the jury foreman let Judge Helen Bendix know that they had been unable to reach a verdict.

But today it was formally announced that there was no clear winner in the case which is likely to now head for a retrial.

Nicollette's lawyer had apparently tried to reach an out of court settlement with ABC last week but they were unable to agree on terms.

Her lawyer told waiting reporters that the jury had voted eight to four in favour of Nicollette and they were just one vote away from getting the verdict they desired, TMZ reported.

Nicollette had claimed that Marc slapped her during a confrontation on the Wisteria Lane set and then she was fired from her role as Edie Britt when she complained about the alleged incident.

Marc has been cleared by the judge of assaulting the actress but Nicollette is still after $4 million for being let go from the show which is coming to an end after its eighth season.